The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1887-04-21
THE VIEWS OF TWO JUDGES.
Judge Kersliaw and "Judge Lynch" on
Mob Law.
from the Aiken Journal and Revicw.

from the Aiken Journal and Revicw
In his charge to the grand jury of
Aiken, on Monday last, Judge Kershaw
said:
"There has been some comment and
considerable feeling in certain quarters
concerning q recent case of lynching.
In regard to that, there is no question at
all that lynch law is an evidence of low
state of. civilization.
"No county can claim to be in high
state of enlightenment and civilization
and good order that tolerates a resort to
lynch law. The Courts are open for
the trial of all offenses. Whenever a
case is made out, it ought to go through
the regular channel for investigation. If
the Judges are faithful, il the juries are
faithful, and the witnesses are faithful,
there can be no trouble in convicting
them.
"There has been time in the history
of The State that there was good cause
for complaining of the mode of admins
tering justice, which prevailed at one
time, and it was supposed then, and with
good show of reason, that resort to
lynch law was necessary, but that is past,
and the best people have control of all
public matters. They contro! the jury
box and the judiciary, they have the
right to choose them through their rep.
resentative, and there is no reason, no
possible excuse, for not being willing to
submit every case that occurs to the
arbitrament of the judicial tribunal, and
I have always, within the limits of my
influence, and according to such ability
as I had, endeavored to impress these
views upon the people of the State.
There was, some years ago, an opportuni-
ty offered me when I was quite young in
the position hold now, when my first
term Of service began as a judicial
officer, of presenting to the grand jury in
Richland these views more at large than
I have presented them to you. An
offence had taken place of special and
most criminal character-that concern.
ing the purity of woman, so near and
dear to the hearts of all. It was argued
and insisted upon that in regard to that
particular offence, on account of its hei.
nousness, that the only proper mode was
resort to summary punishment by the
people. Now there is very strong
reason why that particular offence might
be made the aubject of a resort to sum.
mary punishment; there was, at least,
an excuse of passion, for the visitation
upon the heads of the offenders at that
time. I said then what say now, that
there was nothing that should justify q
resort to lynch law under a well.ordered
and well.governed country. ! went on
to say that there was no telling where
this thing would end, because they were
solely irresponsible +; they made no inves.
tigation of the offence; the very nature
of the offence, most horrible as it was,
was calculated to blind the judgment Of
the people. To charge person with 80
enormous an offence as that, is sufficient
TO create in the minds of The people q
belief of guilt. They haven't that sober
and deliberate control of reason which is
necessary to determine whether the case
is made out beyond reasonable doubt
against the party, so in this case / said
what I am now repeating to you, and I
said then, if we condone an offence Of
that kind in regard to one class Of crime
that most horrible kind of crime to
which I referred-that we had no means
Of controlling and limiting it to that one
offence, but that the tendency Of it was
to shake the confidence of the people in
the ability of the Courts to punish crime,
and it would 90 from one crime to
another, and there would be no limit to
this kind of so called justice, and such is
the case; from being confined to one
crime it has now gone to another.
"Take that case in Yorkville, to which
I aIlude. There could not have been
any reason, upon any kind of proof that
would have justified the conviction ofthe
parties with that offence, why the Law
could not have taken its course.
81 see nothing in that case at all tc
warrant resort to lynch law. 1t only
shows that the people are mob when
they go to lynch law, and, like a mob
resort to the enforcement of law without
reflection and reason, and it will go on
until the people stop it by their assertion
of the right that sound public sentiment
shall prevail.
"These thoughts have been suggested
by q perusal Of the morning paper, in
which saw some comments made BY
Judge PRESLEY.
IT hope that Aiken County will never
be called upon to deal with case of thai
kind"
From, correspondent ofthe Columbia Register
Fellow. citizens of South Carolina:
understand that you are becoming
alarmed at my recent outrages, and tha
you are fearfully trembling at tht
thought of what I may do next. desire
to write you few words of adnaonitior
and instruction:
I confess that have recently assumed
considerable authority and exercised
extreme Jurisdiction in several cases.
do not desire to continue in the usurpa
tons of this power which I am welding
and would gladly return it to the law
but law must first purify itself and giv'
me assurance that she is strong enough
to hold it. She is not strong enough
now, as has been thoroughly demoastrat
y